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2025 DAILYLAW 74205 (KAR)

SRI. K.N CHITRALINGAPPA v. THE STATE OF KARNATAKA

WP/17653/2025 · 2025-08-30

H T Narendra Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17653 OF 2025 (S-RES) C/W WRIT PETITION NO. 34744 OF 2024 (S-RES) IN WP No. 17653/2025 BETWEEN: 1. SRI. K.N CHITRALINGAPPA S/O NINGAPPA AGED ABOUT 64 YEARS RETIRED ASSISTANT TEACHER SRI ANJANEYA HIGH SCHOOL, KADLEGUDDU, CHITRADURGA TALUK AND DISTRICT R/AT MADANAYAKANAHALLI POST CHITRADURGA TALUK AND DISTRICT-577502 2. SRI K. SIDDAPPA S/O A.K KARIYAPPA AGED ABOUT 64 YEARS RETIRED CRAFT TEACHER SRI ANJANEYA HIGH SCHOOL, KADLEGUDDU, CHITRADURGA TALUK AND DISTRICT R/AT T NULENUR, NEAR ANJANEYA TEMPLE HOLALKERE TALUK, CHITRADURGA DISTRICT-577502 3. SRI G.THIPPERUDRAPPA S/O JOGAPPA AGED ABOUT 66 YEARS RETIRED ASSISTANT TEACHER Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 SRI OBULADEVARASWAMY RURAL HIGH SCHOOL, SULTANIPURA, CHITRADURGA TALUK AND DISTRICT R/AT T BOMMAKKANAHALLI CHITRADURGA DISTRICT-577502 4. SRI NINGAPPA H S/O HANUMANTHAPPA AGED ABOUT 61 YEARS RETIRED D GROUP EMPLOYEE SRI SRI OBULADEVARASWAMY RURAL HIGH SCHOOL, SULTANIPURA, CHITRADURGA TALUK AND DISTRICT R/AT NEAR ANJANEYA SWAMY TEMPLE BELAGHATTA, CHITRADURGA TALUK AND DISTRICT-577502 5. SRI K KARIYAPPA S/O KENCHAPPA AGED ABOUT 62 YEARS RETIRED CRAFT TEACHER SRI KOTE SANNA BORAPPA, BORAMMA RURAL HIGH SCHOOL DODDALAGHATTA CHITRADURGA TALUK AND DISTRICT-577502 R/AT CHIKKALAGHATTA, ALAGHATTA POST, CHITRADURGA TALUK AND DISTRICT-577541 6. SMT MEENAKSHAMMA W/O K.N KENCHAVEERAPPA AGED ABOUT 62 YEARS RETIRED D GROUP EMPLOYEE SRI KOTE SANNA BORAPPA BORAMMA RURAL HIGH SCHOOL, DODDALAGHATTA, CHITRADURGA TALUK AND DISTRICT R/AT NEAR ANJANEYA SWAMY TEMPLE BELAGHATTA, CHITRADURGA TALUK AND DISTRICT-577502 7. SRI T.BOGESH S/O THIPPESWAMY - 3 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 AGED ABOUT 61 YEARS RETIRED ASSISTANT TEACHER SRI VEERABHADRASWAMY HIGH SCHOOL SONDEKOLA, CHITRADURGA TALUK AND DISTRICT R/AT NEAR ANJANEYA SWAMY TEMPLE BELAGHATTA, CHITRADURGA TALUK AND DISTRICT-577502 8. SMT. K. SHANTHAMMA W/O SHANKARAPPA D AGED ABOUT 64 YEARS RETIRED CRAFT TEACHER SRI J H ASHWATHREDDY HIGH SCHOOL, MADANAYAKANAHALLI, CHITRADURGA TALUK AND DISTRICT R/AT SADGURU NILAYA, BEHIND PRABHATH TALKIES SADANANDIAH BADAVANE, CHITRADURGA TALUK AND DISTRICT-577501 9. SRI.C THIPPESWAMY S/O CHIKKABASAPPA AGED ABOUT 60 YEARS WORKING AS D GROUP EMPLOYEE SRI PRIYADARSHINI GIRLS HIGH SCHOOL CHITRADURGA TALUK AND DISTRICT-577501 R/AT THAMATEKAL, MEDEHALLI POST CHITRADURGA TALUK AND DISTRICT-577502 10. SRI M CHANDRASHEKARAPPA S/O JOGAPPA, AGED ABOUT 64 YEARS RETIRED PHYSICAL EDUCATION TEACHER SRI VINAYAKA HIGHER PRIMARY SCHOOL, BURUJANAHATTI, CHITRADURGA-577501 R/AT UPPUNEERU BAVI ROAD, NEAR CHOWDAMMA TEMPLE, BURUJANAHATTI, CHITRADURGA-577501 11. SMT. SAJIDABEGUM, W/O FAYAZ AHAMED AGED ABOUT 67 YEARS - 4 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 RETIRED SUPERINTENDENT SRI YASHODHAMMA BORAPPA FIRST GRADE COLLEGE, CHITRADURGA TALUK AND DISTRICT-577501 R/AT NEAR AKKACHAMMA BAVI KARUVINAKATTE CHITRADURGA-577501 12. SRI. THIPPESWAMY G.S S/O GUDDUPU SANNANNA AGED ABOUT 59 YEARS WORKING AS LECTURER SMT KOTE BORAMMA COLLEGE, A.G ROAD, CHALLAKERE CHITRADURGA DISTRICT-577536 13. SRI MANJUNATHA P S/O K PUTTAPPA AGED ABOUT 46 YEARS WORKING AS LIBRARY ASSISTANT SMT KOTE BORAMMA FIRST GRADE COLLEGE, A.G ROAD, CHALLAKERE CHITRADURGA DISTRICT-577536 14. SRI P PAPAIAH S/O YERRE PAPAIAH AGED ABOUT 60 YEARS WORKING AS SDA SRI KOTE SANNA BORAPPA BORAMMA FIRST GRADE COLLEGE, I AMANGALA, HIRIYUR TALUK CHITRADURGA DISTRICT-577599 R/AT T HALE CHURI PAPAIAHIANA HATTI HIAKAL POST, CHITRADURGA TALUK DISTRICT-577502 15. SRI T THIMMAIAH S/O THIRUMALAYYA AGED ABOUT 56 YEARS WORKING AS SRI SRI OBULADEVARASWAMY RURAL HIGH SCHOOL, SULTANIPURA, CHITRADURGA TALUK AND DISTRICT-577502 - 5 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 16. SRI. NARAYAN SUBRAY BHAT S/O SUBRAY BHAT AGED ABOUT 52 YEARS WORKING AS LITERATURE ASSISTANT SRBS SANSKRIT COLLEGE SUBRAMANYA, HIONNAVARA TALUK UTTARAKANNADA DISTRICT-581341 17. SRI. VEERABHADRAPPA H S/O HOTTAJJA AGED ABOUT 55 YEARS WORKING AS PEON SMT YASHODHARAMMA BORAPPA WOMEN'S FIRST GRADE COLLEGE, CHITRADURGA DISTRICT-577 501 18. SRI. RAMANJANEYA R.H S/O R HANUMAPPA AGED ABOUT 56 YEARS WORKING AS ATTENDER SMT YASHODHARAMMA BORAPPA WOMEN'S FIRST GRADE COLLEGE, CHITRADURGA DISTRICT-577501 19. SMT VIDYA P W/O LATE YAMANURANAIK L.T AGED ABOUT 35 YEARS TAMATAKALLU, MEDEHALLI POST CHITRADURGA TALUK AND DISTRICT-577501 …PETITIONERS (BY SRI. PADMANABHA R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION M.S BULDING, DR. AMBEEDKAR VEEDHI BENGALURU 560 001 - 6 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY M.S BULDING, DR. AMBEEDKAR VEEDHI BENGALURU 560 001 3. THE COMMISSIONER FOR COLLEGIATE EDUCATION PALACE ROAD BENGALURU - 560 001 4. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU - 560 001 5. THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION PALACE ROAD BENGALURU - 560 001 6. THE DIRECTOR FOR PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU - 560 001 7. THE REGIONAL JOINT DIRECTOR, SHIVAMOGGA DIVISION SHIVAMOGGA-577 201 8. REGISTRAR KARNATAKA SANSKRIT UNIVERSITY PAMPA MAHAKAVI ROAD, CHAMARAJPET, BENGALURU-560018 9. THE DEPUTY DIRECTOR FOR PUBLIC INSTRUCTIONS DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, CHITRADURGA DISTRICT CHITRADURGA-577501 - 7 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 10. ACCOUNTANT GENERAL (A AND E) IN KARNATAKA, PARK HOUSE, PALACE ROAD, BENGALURU - 560 001 …RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R7, R9-R10 SRI. S.Y. RODAGI, ADVOCATE FOR R8) THIS W.P. IS FILED UNDER SECTION 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE RENDERED BY THE PETITIONERS FROM THE DATE OF THEIR INITIAL APPOINTMENTS UP TO THE DATE OF APPROVAL OF THEIR APPOINTMENT WITH ADI FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY, INCREMENTS INCLUDING TBA, PENSIONARY BENEFITS AND OTHER CONSEQUENTIAL SERVICE AND MONETARY BENEFITS FLOWING THEREOF BY DISPOSING THE PRESENT PETITIONS IN TERMS OF THE ORDER DTD. 31.01.2022 PASSED IN W.P.NO. 724/2022 ORDER DTD. 28.06.2023 PASSED IN W.P.NO. 12310/2022 AND ORDER DTD. 09.11.2020 PASSED IN W.P.NO. 43017/2018 VIDE ANNX-Q, R AND S. IN WP NO. 34744/2024 BETWEEN: 1. SMT P PUSHPA W/O MAHANTESH, AGED ABOUT 63 YEARS, RETIRED HEAD MISTRESS, SRI SATYA SAI HIGHER PRIMARY SCHOOL. HIRIYUR -577 598, CHITRADURGA DISTRICT. R/AT C/O K.GEETHA SIDDARAMANNA, SIDDARTHA NILAYA, NEAR PUMP HOUSE, LAKKAVANAHALLI ROAD, HIRIYUR -577 598. 2. SRI. MAHADEVAPPA M HITTALAMANI S/O MALLESHAPPA AGED ABOUT 64 YEARS RETIRED PHYSICAL EDUCATION TEACHER - 8 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 SRI VENKATESHWARA HIGH SCHOOL PADAGANUR VILLAGE DEVARAHIPPARAGI HOBLI, SINDAGI TALUK BIJAPUR DISTRICT R/AT NO.78, GOWRI NILAYA NEAR DS MAX APARTMENT HENNUR VILLAGE KALIAN NAGAR BANGALORE-560043 3. SRI. NABHIRAJ ANNAPPA PATIL S/O ANNAPPA AGED ABOUT 48 YEARS WORKING AS ASSISTANT PROFESSOR IN GEOGRAPHY VISHWABHARATHI FIRST GRADE COLLEGE TURNUR, RAMDURGA TALUK BELAGAVI DISTRICT-591123 4. SRI SHANKARAPPA KALLAPPA HUGAR S/O KALLAPPA AGED ABOUT 52 YEARS WORKING AS PEON WORKING AS ASSISTANT PROFESSOR IN HISTORY VISHWABHARATHI FIRST GRADE COLLEGE TURNUR, RAMDURGA TALUK BELAGAVI DISTRICT-591123 ..PETITIONERS (BY SRI. PADMANABHA R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARNATAKA M.S BULDING, DR. AMBEEDKAR VEEDHI BENGALURU 560 001 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY - 9 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 DEPARTMENT OF SCHOOL EDUCATION AND LITERACY M.S BULDING. DR. AMBEEDKAR VEEDHI BENGALURU 560 001 3. THE COMMISSIONER OF COLLEGIATE EDUCATION PALACE ROAD, BENGALURU 560 001 4. THE DIRECTOR DEPARTMENT OF COLLEGIATE EDUCATION PALACE ROAD, BENGALURU 560 001 5. THE REGIONAL JOINT DIRECTOR, DHARWAD REGION MINIVIDHANASOUDHA DHARWAD-560 001 6. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU 560 001. 7. ADDITIONAL COMMISSIONER DEPARTMENT OF SCHOOL EDUCATION AND LITERACY KALABURAGI-585101 8. THE DIRECTOR FOR PUBLIC INSTRUCTIONS, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, NRUPATHUNGA ROAD, BENGALURU -560 001. 9. ADDITIONAL DIRECTOR DEPARTMENT OF SCHOOL EDUCATION AND LITERACY KALABURAGI-585101 10. ACCOUNTANT GENERAL (A AND E) IN KARNATAKA, PARK HOUSE, PALACE ROAD, BENGALURU-560 001 - 10 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 11. THE SECRETARY SRI SATYASEVA SAI SEVA SAMITHI KUVEMPU NAGAR, HIRIYUR CHITRADURGA DISTRICT 12. THE SECRETARY SRI VENKATESHWARA VIDYA VARDHAKA SANGHA NO.202, KANAKA DHARA BHADAVANE VIJAYAPURA TALUK 13. THE SECRETARY THE BELAGAVI PEOPLES EDUCATION SOCIETY YARAGATTI SAVADATTI TALUK, BELAGAVI DISTRICT – 591129 ...RESPONDENTS (BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R10 R11, R12, R13 ARE SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO RECKON AND COUNT THE PAST SERVICE RENDERED BY THE PETITIONERS FROM THE DATE OF THEIR INITIAL APPOINTMENTS UP TO THE DATE OF APPROVAL OF THEIR APPOINTMENT WITH AID FOR THE PURPOSE OF FIXATION OF PAY SCALE, SENIORITY, INCREMENTS INCLUDING TBA, PENSIONARY BENEFITS FLOWING THEREOF BY DISPOSING THE PRESENT PETITIONS IN TERMS OF THE ORDER DTD 13.06.2023 PASSED IN WP NO. 6597/2023 AND ORDER DTD 28.06.2023 PASSED IN WP NO. 12310/2022 VIDE ANNX-E AND F. THESE PETITIONS, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 11 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 ORAL ORDER These writ petitions are filed under Articles 226 & 227 of the Constitution of India, seeking the following relief: “Issue a writ in the nature of mandamus directing the respondents to reckon and count the past service rendered by the petitioners from the date of their initial appointments upto the date of approval of their appointment with aid for the purpose of fixation of pay scale, seniority, increments including TBA, pensionary benefits and other consequential service and monetary benefits flowing thereof by disposing the present petitions in terms of the order dated 31.01.2022 passed in W.P.No.724/2022, order dated 28.06.2023 passed in W.P.No.12310/2022, order dated 09.11.2020 passed in W.P.No.43017/2018 and the order dated 13.06.2023 passed in W.P.No.6597/2023” 2. The learned counsel for the petitioners submits that this Court in W.P.No.21216/2014 and connected matters, disposed of on 10.07.2015 had quashed Act No.7/2014. Following the said order, a Co-ordinate Bench of this Court in W.P.Nos.4326-4356/2015 and connected - 12 - HC-KAR NC: 2025:KHC:33996 WP No. 17653 of 2025 C/W WP No. 34744 of 2024 matters, disposed of the same on 27.07.2015 in terms of the order passed in W.P.No.21216/2014. 3. The learned AGA for the State has submits that, being aggrieved by the order passed in W.P.No.21216/ 2014 and connected matters, disposed of on 10.07.2015, the petitioners therein have challenged the same by filing W.A.No.2476/2015 and connected matters before the Division Bench and the same is pending consideration. 4. In view of the above, since the writ appeals are pending before the Division Bench, these writ petitions are disposed of in terms of the order passed in W.P.No.21216/2014. However, the same shall be subject to the result of W.A.No.2476/2015 and connected matters. All pending I.As. in this writ petition, if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM